Six Factors for the Amount of Separate Maintenance

November 14, 2018 § Leave a comment

In the case of Daigle v. Daigle, 626 So.2d 140, 145 (Miss. 1993) (quoting Lynch v. Lynch, 616 So.2d 294, 296 (Miss. 1993)) the court laid out six factors that the trial court must consider in determining the amount of separate maintenance:

“There are six factors a chancellor should consider in determining the amount of separate maintenance to be awarded: (1) the parties’ health; (2) the parties’ combined earning capacity; (3) the reasonable needs of the spouse requesting separate maintenance and any children; (4) the necessary living expenses of the payor; (5) the fact that the payee spouse has use of the marital home and furnishings; and (6) any other pertinent facts. Id.

Also cited in Williams v. Williams, 224 So. 3d 1282, 1285 (¶9) (Miss. App. 2017).

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